How many weeks go on maternity leave. Legislation on maternity leave. Who is eligible to apply for vacation

18.07.2019

Despite the anticipation of a miracle that is about to happen and the forthcoming joy of motherhood, a pregnant woman still has many questions, the answers to which are urgent. For example, all pregnant women are interested in when and in what week they can go on a well-deserved vacation, how the calculation is done and how maternity pay is done, and so on. You will find answers to all questions in this article.

Maternity leave in 2018 according to the law

Before a pregnant woman goes on maternity leave, she needs to clarify the following questions with her employer:

When and on what week expectant mothers go on maternity leave and how long it lasts;
How many months have maternity pay been paid and how is the allowance calculated;
How is vacation paid and what is included in the length of service when accrued;
Can a pregnant woman be laid off during a staff reduction and what does the labor code say about this;
Who pays these days the state or the employer;
How to make money at home and is it possible, while on maternity leave, to work part-time.

Law No. 255 of the Labor Code of the Russian Federation, as amended in 2016, determines that every woman has the right to maternity leave of 140 days - 70 days before childbirth and 70 days after.

If there are complications, then this period can be extended as prescribed by the attending gynecologist. However, a Russian woman can turn to her employer even earlier with a request to transfer her to easier work or to a shorter working day. This right is given to her by Article 93 of the Labor Code of Russia.

When dismissing employees during the period of staff reduction, according to the legislation of the Russian Federation, it is prohibited to deduct future women in labor.

What week do they go on maternity leave?

They go on maternity leave from the 30th week of pregnancy, if there are no complications. For future happy mothers of twins or triplets, the decree is laid already from the 28th week.

How to write an application for maternity leave?

So, we found out that maternity leave begins at 30 weeks. For its registration, you must write an application, which must be brought to the personnel department.

You must also have the following documents with you:

A certificate from the gynecologist about the gestational age and that the expectant mother is registered in the consultation;
Medical insurance policy;
A certificate confirming that this allowance was not issued at the place of work of the husband.

Some ask the question, how to arrange payments for a husband and is it possible to do this? Yes, it is possible, if the wife is a housewife, a student, she has no work experience, and also in case of her incapacity for work, then by writing an appropriate application at the place of work, payments will be accrued to her husband.

Calculation of maternity leave in 2018

To calculate the maternity period, many specialized resources have created a very convenient online calculator. Let us consider in more detail how the amount of maternity leave is calculated on the calculator.

For the calculation, wages are taken for the last two working years. The following is the average wage. Within 1.5 years, a Russian woman should receive monthly payments in the amount of 40 percent of her salary.

How to take maternity leave for 3 years?

Russian citizens who are preparing to become happy mothers are entitled to three types of vacation:

for pregnancy and childbirth - lasting 140 days;
caring for a baby up to 1.5 years;
up to three years.

First of all, a woman goes on maternity leave for 140 days. Then she writes a statement addressed to the director of the enterprise and extends this period to one and a half years. After this period, the mother can extend the days of caring for her child up to 3 years - this right is given to her by the legislation of Russia.

To extend to the age of three, you must:

2 weeks before the end of the previous period, you must personally appear at the organization and write an application addressed to your employer;
Bring your child's birth certificate, a certificate from a pediatrician with recommendations for extending the vacation.

The expectant mother can receive benefits at the time of the next salary of the other employees of the organization, provided that she has already submitted all the necessary documents.

Working on maternity leave

Some Russian women continue to work even during the prescribed days off. There may be many reasons for this, including the desire that the calculation of payments be made taking into account other dates. In any case, this is the right of the woman herself, which no one has the right to refuse her.

How to make money on maternity leave at home?

When asked what to do at home on maternity leave, there are many answers.

Consider some types of earnings that do not require leaving the child and even leaving the house:

Tutoring activities - with the appropriate education;
Interpreter services - if a woman speaks foreign languages;
Handicrafts - beadwork, origami, knitting of children's things, etc.;
Telephony operator services at home;
Engagement in copywriting activities;
Answering paid surveys;
If you have the skill of fast typing - transcription of audio recordings and much more.

In addition, during this time you can get free training to acquire new skills or professions, learn new needlework, take up an interesting hobby, which may well be able to generate income in the future. For example, knitting, basket weaving, macrame art, making exclusive handmade toys and so on.

Similar questions

Pregnancy is both a period full of joyful and exciting expectation, and a time of appearance of certain difficulties associated with the new state of the expectant mother and the need to say goodbye to work for some time. It’s great if your boss completely enters into your position and lets you go with benevolent parting words, but if he sees this as a threat to the normal functioning of the company and tries to interfere with you somehow? To know your rights, you need to be legally savvy, and the first thing any woman planning to become a mother should be interested in is how many weeks they go on maternity leave.

Confusion in concepts

Let's start with the fact that the concept of "maternity leave" does not officially exist. This is a colloquial form, which is usually used by women to denote the time completely devoted to bearing and raising a child. But in fact, this one term hides two different meanings:

Maternity leave;

Leave to care for a child up to 3 years.

During the time that the newly-made mother is on these holidays, the state gives her benefits, which are also often called incorrectly “maternity leave”.

Perhaps we have made an insignificant digression, but if you refer to the Labor Code of the Russian Federation, the main regulatory document regulating these aspects, for an answer to the question “when they go on maternity leave”, then you simply will not find familiar words there. Now, knowing how the well-known concept is correctly deciphered, there will be no problems finding the necessary information.

When can I go on maternity leave, what week of pregnancy?

In recent days, you have become much heavier, you feel clumsy and slow, thoughts of blue or pink vests and sliders do not leave your head, all your free time you are busy arranging a cozy nest for the unborn baby. And not at all up to work.

It's probably time for you to go on maternity leave. Therefore, ask your gynecologist what is your gestational age, more precisely, how many weeks? They go on maternity leave, but it would be more correct to say that they take maternity leave from the 30th week or from the 28th if the pregnancy is multiple. And these are not just numbers, but facts substantiated by doctors. If you are going to go on maternity leave after 30 weeks, think about whether to do so? After all, it is from this time that it is time to start gathering strength, sleep more, spend a lot of time in the fresh air, and not at the computer, eat on time and eat right. Thus, the body is better prepared for childbirth, and this in itself is hard work. Therefore, it is important how many weeks future mothers go on maternity leave. It may well be that if you go to the maternity hospital directly from production, you won’t do big trouble, but is it worth risking the life and health of two people, even if they promise career growth and an increase in return?

When do they go on maternity leave ahead of schedule?

Every woman experiences pregnancy differently. Someone feels lightness and an unusual surge of strength for all 40 weeks and is therefore ready to work until the very birth. Someone, on the contrary, is very tired, feels unwell, suffers an exacerbation of chronic diseases. In such a situation, of course, there is no time for labor exploits.

During pregnancy, the well-being of the mother and a healthy, full-term baby should come first. Therefore, if you feel the need to go on vacation earlier than the period allowed by law, and you have medical indications for this, do not be afraid to ask your doctor or boss to meet you, no matter how many weeks other women go on maternity leave.

If you just want to say goodbye to everyday work as soon as possible and completely immerse yourself in pleasant chores, then you should turn to the Labor Code of the Russian Federation. It says that a pregnant woman can take annual paid leave ahead of schedule, regardless of how long she has been working in this organization, and she cannot be denied this.

If your annual leave is 4 weeks, you can write an application for its postponement and leave to rest a month earlier than the deadline you set for your maternity leave. That is, from the 26th week of pregnancy (from the 24th, if it is multiple), you have a chance to no longer waste your energy on work, but to relax and enjoy the wait.

Maternity leave: how to apply?

Like any woman who takes care of herself and her future offspring, you regularly visit antenatal clinics from the very beginning of pregnancy. And now it's time to go on maternity leave (what week it would be better to do this, we wrote above).

In consultation, when approaching the 30th week of your “interesting position”, you will be given a certificate of incapacity for work, which indicates the PDR (estimated date of birth), and a certificate stating that you are registered as expected - up to 12 weeks, which provides for the payment of a one-time assistance (543.67 rubles).

These documents must be submitted to the Human Resources Department of your organization. They are attached to your leave application.

How is maternity leave calculated?

The length of maternity leave may vary from case to case. The terms and reasons for which they differ are due to medical indications and are enshrined in the Labor Code of the Russian Federation.

So, in the case of a singleton pregnancy and ordinary childbirth, the vacation will last 140 days, in case of complications (for example, delivery by caesarean section) - 156 days, a multiple pregnancy entitles the woman in labor to a vacation of 194 days.

For this period, a woman is paid an allowance, which is calculated based on the average salary.

Leave to care for a child up to three years

At the end of maternity leave, you must immediately take leave to care for a child up to three years. It should only be taken into account that the allowance is due only until the child reaches one and a half years and in the amount of 40% of the average salary (but not less than 2718.35 rubles if you have 1 child, and 5436.67 rubles if there are two or more of them .)

In the event that the mother, for any reason, intends to return to work earlier, the father or another family member can issue a vacation for herself, and he will be entitled to the same payments.

And one more thing: the Labor Code of the Russian Federation guarantees the preservation of your workplace for you while you are truly busy with the most important thing - raising and taking care of your children.

Now we have shared with you information about how many weeks they go on maternity leave, how it is drawn up and what its duration depends on.

and what does it depend on? Did you know, What week do they go on maternity leave? if twins are expected? There are many nuances ... How to take them all into account, we will tell in our article.

When they go on maternity leave in general

A pregnant woman is an object of increased care and attention of the state. The regulations for going on maternity leave (M&R) are spelled out in labor legislation (Article 255 of the Labor Code of the Russian Federation).

If the pregnancy proceeds normally, without complications, maternity leave begins 70 days before the onset of childbirth and ends after the same period after the birth of the child.

When the duration of pregnancy is 30 weeks, the expectant mother receives a sick leave in her hands immediately for all 140 days laid down by law. The procedure for its issuance was approved by order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n.

Not every medical worker has the right to issue a sick leave, but only:

obstetrician-gynecologist,
general practitioner or family doctor (if there is no obstetrician-gynecologist),
paramedic (in the absence of previous specialists).

You can find out more about how the B&R allowance is calculated from the articles in the heading.

How long do they go on maternity leave in special situations

If the doctor determines that more than 1 child is expected, the sick leave opens from the 28th week of pregnancy. The postpartum period in this case will last not 70, but 110 days.

If it is determined that the child is not 1, before the birth failed, the leave is increased by 54 days after the multiple birth.

Those who live in an area exposed to radiation are given 90 additional prenatal days by law.

In case of childbirth with complications, only the postpartum period is extended by 16 days.

For those who gave birth before the appointment of benefits in the period of 22-30 weeks, the sick leave is opened immediately for 156 days in the hospital where the birth took place.

How many weeks do they go on maternity leave, if it is combined with annual

To extend maternity leave, you can first go on annual leave or do it after the B&R leave ends.

The administration of the enterprise does not have the right to prohibit this (Article 260 of the Labor Code of the Russian Federation).

If the term for maternity leave occurs during the period of being on annual leave, further developments depend on the choice of the woman.

She can write an application and go on maternity leave, without waiting for the end of her annual leave, from the date indicated on the sick leave. The employer is obliged to transfer the remaining days of the main vacation, following the norms of Art. 124 of the Labor Code of the Russian Federation.

Or you can use the main vacation in full, in which case the maternity leave will begin immediately after the end of the main one.

What time do those who register late go on maternity leave

It is recommended to register at the antenatal clinic in the early stages of pregnancy (up to 12 weeks), but not everyone does this. Sometimes women for some reason continue to work and go to the doctor when the period of 30 (28) weeks has already passed.

In this case, the sick leave is still required to be issued. The doctor will determine the term of the expected birth, count back the prescribed 30 (28) weeks from it, and from this date open the sick leave.

If a woman within the prescribed period refused to receive a certificate of incapacity for work (this must be recorded in writing by a doctor), and then applied for it again, the document is drawn up for all the days required by law, but not from the moment of the second application, but as expected, starting from 30 ( 28) weeks.

From what week is maternity leave if the birth did not take place on time

If the child was born before the prescribed time, it turns out that the mother did not finish her prenatal days. In this case, the postpartum portion is increased by the unused number of days.

Childbirth later than the date set by the doctor increases the prenatal period. Despite this, the postpartum part is not reduced, and maternity leave as a whole will be more than the standard.

When should surrogate mothers go on maternity leave?

What week do they go on maternity leave? surrogate mothers? This question has been asked more and more often lately. For a woman who is carrying a child, general rules apply. If a woman pregnant with a surrogate child turns to a doctor, she will receive a sick leave on a general basis from 30 (28 weeks).

As for the genetic mother who provided the biological material, she is not entitled to maternity leave.

Results

Neither the doctor nor the employer can change the terms of maternity leave at their discretion. Only in the case of an independent decision, the expectant mother can go on maternity leave for a period longer than 30 (28) weeks.

No matter, What week do they go on maternity leave? future women in labor and when they return from it, the sick leave cannot be issued for a period of less than 140 days.

You will learn about who, besides the mother, is entitled to receive benefits from the article.

The current legislative framework of the Russian Federation (as amended at the beginning of 2018) does not use the concept "maternity leave". This expression is only a slang name common in our country for two types of vacation, following one after another, as a rule, without a break, and drawn up in different ways:

- is issued in the form of a specified duration;
- provided for a longer period (until the child reaches 3 years of age) without interruption of work experience and work experience in the specialty.

General information

The right to receive maternity leave recorded in the Labor Code of the Russian Federation in Art. 255, . This right is reserved for all working women, including women in the military, the unemployed, students who are officially recognized as unemployed or registered with the labor exchange, as well as women who work in military departments as civilian personnel.

Paid for the period of maternity leave social security benefit, 100% of the expectant mother's average earnings for the previous 2 full years.

The procedure for applying for maternity leave

Sample application letter for maternity leave

An application regarding the need to go on maternity leave is absolutely no different from any other application act, and also has a standard structure:

“header” (upper right corner of the sheet), which indicates the name of the organization, last name, first name, and patronymic of its head, and in the same corner below the last name, initials, position of the applicant should be indicated;
the name of the document, namely, the "statement", which is written without quotes in the middle of the sheet below the "cap";
the main text, which can be presented in an arbitrary format; the main thing is that the applicant is able to register a request for the registration of the leave she needs, its temporary boundaries and state a request for the appointment of one or another allowance;
all additional documents attached to the application are listed below (as a rule, these are the original sick leave issued by a medical institution and the original certificate issued at the antenatal clinic, which confirms the state of pregnancy);
in the lower right corner, the applicant puts the date of submission of the document, as well as his own signature.

After submitting the application and all necessary documents, the employer issues maternity leave order, an example of which is shown below.

Every working woman is entitled to maternity leave.

In accordance with current legislation, they leave the child at the end of pregnancy.

The duration of maternity leave depends on certain factors.

Most people also refer to maternity leave as maternity leave, which begins after the 30th week of pregnancy (seven months).

Maternity leave periods are characterized by different duration and, accordingly, different cash payments:

In accordance with current legislation, maternity leave, which starts from the 30th week of pregnancy, must last 140 days. This is due to the fact that a woman must be on vacation 70 days before giving birth and the same amount after them.
If any complications occur during childbirth, the leave is increased to 86 days.
If a woman has two or more children, her postnatal leave is automatically extended to 110 days.

The duration of a woman's leave in connection with the birth of a child in the Russian Federation. After the birth of a child, the mother has the right to maternity leave for childcare, the duration of which can be 1.5 or 3 years. In the absence of a mother or

deprivation of her parental rights, the next of kin can take care of the child. To achieve this goal, he can go on maternity leave instead of his mother for 1.5 or 3 years.

Parental leave begins immediately after the end of the maternity leave. The duration of this leave is one and a half years. During this period, the mother must receive social assistance in the form of forty percent of her salary. The amount of assistance is calculated using a special formula. After the baby reaches 1.5 years of age, the mother can extend maternity leave until the child is three years old. During this period, the amount of payments is significantly reduced.

A new mother goes on maternity leave in several stages. This allows her to calculate the allowance as accurately as possible. Thanks to the division of maternity leave into certain periods, various conflict situations can be avoided (for example, the continuation of maternity leave after the death of a son or mother, deprivation of her parental rights, etc.).

How to go on maternity leave?

In order for the expectant mother to go on maternity leave, it is necessary to write an application to the personnel department in advance. In this case, you should provide a sick leave, which was issued by a doctor in the antenatal clinic. To issue a sick leave, a pregnant woman must undergo a medical examination.

During the period of maternity leave, a woman does not receive a disability certificate, as she goes into it to care for a child. To do this, you just need to write a statement to the employer. During this period, the mother is perfectly healthy, but goes on vacation due to the child's need for continuous care.

The payment of the maternity allowance is made on the basis of the salary of the pregnant woman. The allowance limit is 207,123 rubles for the entire vacation period. Every day a pregnant woman will receive an allowance in the amount of 1479.45 rubles. The amount of payments is only forty percent of the amount of payments for pregnancy and childbirth.

In accordance with the current legislation, during the period of maternity leave, the mother retains her place of work.

Sick leave benefits are paid by the employer.

At the end of the term of the employment contract, a woman can be reduced during the period of maternity leave. Also, the reduction of a woman who is on maternity leave can be carried out in accordance with the termination of the enterprise. However, the woman will continue to receive benefits from the Department of Social Security. His sum will be almost half that.

For pregnancy and childbirth, a pregnant woman receives a single amount. Child care allowance is a monthly social assistance. Only women who have officially worked for at least six months can receive maternity benefits. Also, benefits are paid to those female representatives who received a scholarship or were registered with the local Employment Center.

Child care allowance can be received by absolutely all women who were registered in the antenatal clinic. They can be replaced by any member of the family only if there are very good reasons for this. If the child care allowance is issued to another person without good reason, then this will be punished by law. A female representative may withdraw from the decree earlier than the specified age. In this case, child care payments will be terminated.

As mentioned above, the duration of maternity leave is one and a half years. If necessary, a woman can increase it until the child is three years old. At the same time, the amount of the payment due to her will be significantly reduced. Any other family member can receive payments in case of illness of the mother. For their registration, it is necessary to submit to the center of social services documents on the degree of relationship with the child, as well as the sick leave of his mother.

You will receive all the necessary information about maternity leave from the video:

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